present there is no Order in Council defining how the lights are to be screened so as to comply with these Rules.1 It is no excuse that the Regulation lights have been lost by collision, or broken, or put out by bad weather, unless it can be shown that the circumstances were such that lights could not be replaced in time to avoid collision.2 That the lights were being trimmed is no excuse for breaking the Rules.3 If the lights are obscured by smoke from the funnel, the speed of the vessel must be reduced.1 Sailing so close behind another vessel that the vessel's lights and the lights of an approaching vessel are obscured is negligent navigation. Neglect to keep a good look-out will entail responsibility for any damages that may arise. In crowded waters the look-out should always be placed forward, so that objects close to the ship may be seen in time to avoid collision. It is doubted whether the crow's nest is a proper place for the look-out in crowded waters, as the men are not so much under control as when stationed on deck. No doubt to place them in the crow's nest in stormy weather is a very useful precaution, because it enables them to keep a lookout ahead in the case of seas coming over the fore deck." The man on the look-out should have no other duty allotted to him, and he should not be called away to attend the sheets or braces when the ship is tacking. 6 The master when keeping the look-out should, before going below to look at the chart, or for other purposes, see that sufficient look-outs are on deck during his absence." If the look-out on a steamer is hampered by smoke from the funnel obscuring the range of vision, the speed of the 1 See Article 2, at p. 7. 2 The Saxonia (1862), Lush. 410; The Kjobenhavn (1874), 2 Asp. M. C. 213; The Aurora (1861), Lush. 327. 3 The C. M. Pulmer (1873), 2 Asp. M. C. 95. • The Rona (1873), 2 Asp. M. C. 182; The Zollverein (1856), Swab. 97. The Lahn, Shipping Gazette, 23rd November, 1894. The Constantia (1889), 6 Asp. M. C. 478. 7 The Mellona (1847), 3 W. Rob. 13. steamer should be slackened, so as to give greater opportunity of avoiding any vessel with which there is a probability of coming into collision.1 If the use of glasses will enable an object to be seen sooner, the neglect by the look-out to use glasses will constitute a bad look-out.2 A vessel towed must keep a vigilant look-out to watch the towing vessel and to follow her manoeuvres. When a vessel being towed is likely to meet other vessels, the tow rope should not be so made fast that it cannot be slipped, unless there are means ready at hand to cut the tow rope in case of necessity. A vessel that has not a fixed stern light should have a man stationed to look out astern and to show the stern light to the overtaking vessel in due time to avoid collision. In a fog a sailing vessel must have sufficient men on deck to enable her to manœuvre rapidly to avoid collision.4 There is no hard and fast rule that, when a vessel at sea in a fog becomes aware that another vessel is in her neighbourhood, she ought, whilst complying with the Regulations as to speed, to keep her course, unless she has some indications more or less reliable that it would be proper or at least safe to change it. What indications would be sufficient to warrant a change of course is a question of fact which must depend upon the circumstances of each case.5 A vessel brought up in a place that is not ordinarily used as an anchorage ground must have an anchor watch to sheer the vessel and let out chain, if required. When moving about in a dock or crowded waters there should be a look-out placed fore and aft. 1 The Vivid (1849), 7 Not. of Cases, 127. 4 The Zadok (1883), 9 P. D. 114. It is the duty of every vessel under way to keep clear of every vessel at anchor, whether she is at anchor in a proper or improper place. A vessel should not bring up in the fairway if she can possibly get to an anchorage ground.2 When coming to an anchor care must be used to see that a foul berth be not given to another vessel, and, if necessary, two anchors should be let go to prevent fouling the vessel already at anchor. When taking a berth alongside another vessel, the last comer must keep out of harm's way, for the first comer is only required to take ordinary precautions to prevent damage. He must bear the risk who voluntarily places his ship in a position where danger may arise to another." A ship has no right to be placed in such a berth as to make it inevitable that she must take the ground on the ebb tide to the probable risk to vessels moored in her vicinity.5 A vessel to whom a foul berth is given is not required to take more than the ordinary and usual precautions against bad weather, and she will not be responsible for the damage she may do, although it might have been prevented by the exercise of unusual precautions." A vessel about to come to an anchor is not entitled to consider her own safety alone. She is bound to have regard to the safety of other vessels which are navigating, or at anchor, in her vicinity, and those on board of her should act as reasonable men, as men of prudence and skill would act, with due regard, not only to the safety of their own ship, but also to the safety of other vessels." She should have a competent person on watch whose duty it is to see that the anchor light is properly burning, and 1 The Batavier (1845), 2 W. Rob. 407; The Lancashire (1874), L. R. 4 A. & E. 202. 2 The Kjobenhavn (1874), 2 Asp. M. C. 213. 3 The Patriotto (1860), 2 L. T. 301. The Lidskjalf (1856), Swab. 117. The Vivid (1873), 1 Asp. M. C. 601. The Annot Lyle (1886), 6 Asp. M. C. 51. her crew should at all times be sufficient to work the ship so as to protect her against the ordinary incidents of peril which a competent seaman would foresee and provide against. If the vessel is moored, there should be sufficient hands on board to let go her anchor, or to take other precautions to prevent damage if the moorings break.2 An officer should not relinquish his charge to one of inferior rank at a time when his vessel is actually manœuvring in order to keep clear of an approaching steamer.3 The speed of a vessel should always be such that damage is not done to other craft. A vessel must not go at such a speed that her swell may cause damage to other craft, even though she is going at a speed that may be permitted by local bye-laws.* A steamer when near the coast, or when passing over a fishing ground, is not justified in running at full speed on a night so dark that vessels can only be seen at a short distance. If a ship is so navigated as to expose other ships to unusual danger, she must be responsible for their not getting out of the way." It is a prudent rule in a winding river, in the absence of special regulations, for a steamship, about to round a point against the tide, to wait until the vessel coming in the opposite direction has passed clear.8 When a ship carries a latent instrument, as a ram, dangerous to others, she must take reasonable precautions that it does no damage, and she ought, if necessary, to warn approaching ships." 1 The Excelsior (1868), L. R. 2 A. & E. 268. 2 The Kepler (1875), 2 P. D. 40. 3 The Khedive (1880), 5 App. Cases, 897. The Batavier (1854), 9 Moo. P. C. C. 286. 5 The City of Brooklyn (1876), 1 P. D. 276. 7 The La Plata (1857), Swab. 220. 8 The Talabot (1890), 63 L. T. 812; 15 P. D. 194. The law throws upon those who launch a vessel the obligation of doing so with the utmost precaution, and of giving such a notice as is reasonable and sufficient to prevent any injury happening from the launch. Moreover, the burden of showing that every reasonable precaution has been taken, and every reasonable notice given, lies upon those managing the launch.1 A vessel that obstinately refuses to get out of the way of a launch will be in fault for a collision.2 An instance of "special circumstances" is a squadron of Her Majesty's men of war. As they have a perfect right to sail in this way, it would be dangerous and bad seamanship to apply the ordinary regulations. To do so would put the squadron and the ships that it met in serious danger of collision, both between the men of war and the other ships and amongst the ships of war inter se. Consequently under ordinary circumstances a tug and tow are not justified in crossing ahead of a fleet of warships which has the tug and tow on the starboard hand, and the tug and tow ought not to keep their course and speed under Article 21.3 1 The Andalusian (1877), 2 P. D. 231; The George Roper (1883), 8 P. D. 119. 2 The Cachapool (1881), 7 P. D. 217. H.M.S. Sanspareil, [1900] 82 L. T. 606; 9 Asp. M. C. 78. F M. |